Polity

Acts The legal battle over the validity of the Places of War ship (Special Provisions) Act of 1991, which underlines the need to protect the liber ty of faith and worship, is gaining steam in the Supreme Court.

·       Places of Worship Act It is described as “An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious the anyplace of worship because it existed on the 15th day of August 1947, and for the matters connected therewith or incidental to it.” Exemption The disputed site at Ayodhya was exempted from the Act.

·        Due to this exemption, the trial in the Ayodhya case proceeded even after the enforcement of this law.

·       Besides the Ayodhya dispute, the Act also exempted: Any place of worship which is an ancient and historical monument, or an archaeological site covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

·       A suit that has been finally settled or disposed of.

·       Any dispute that has been settled by the parties or conversion of any place that took place by acquiescence before the Act commenced.

·        Penalty Section 6 of the Act prescribes a punishment of a maximum of three years imprisonment along with a fine for contravening the provisions of the Act.

·       Criticism the law has been challenged on the ground that it bars judicial review, which could be a basic feature of the Constitution, imposes an “arbitrary irrational retrospective cut-off date,” and the abridges the right to religion of Hindus, Jains, Buddhists, and Sikhs.

What are its other Provisions?

·       Section 3:This section of the Act bars the conversion, in full or part, of a place of the worship of any religious denomination into a place of worship of a different religious denomination or even a different segment of the same religious denomination.

·       Section 4(1):It declares that the religious character of a place of the worship “shall continue to be the same because it existed” on 15th August 1947.

·       Section 4(2):It says any suit or legal proceeding with respect to the conversion of the religious character of any place of worship existing on 15th August, 1947, pending before any court, shall abate and no fresh suit or legal proceedings shall be instituted.

·       The provision to this subsection saves suits, appeals, and legal proceedings that are pending on the date of commencement of the Act if they pertain to the conversion of the religious character of a place of the worship after the cut-off date.

·       Section 5:It stipulates that the Act shall not apply to the Ramjanmabhoomi-Babri mosque case, and to any suit, appeal, or proceeding relating to it.

What was the Supreme Court’s view during the Ayodhya Judgment?

·       In the 2019 Ayodhya verdict, the Constitution Bench referred to the law and said it manifests the secular values of the Constitution and prohibits retrogression.

·      The law is thence a legislative instrument designed to protect the secular features of the Indian polity that is one amongst the basic features of the Constitution.